The Missouri Senate recently passed a bill sponsored by Republican Sen. Dan Brown that sets a cap on the awards meted out in medical malpractice lawsuits. According to medical malpractice attorneys, the new law sets a cap of $400,000 cap for failed medical procedures and $700,000 for catastrophic injuries. The cap on wrongful death cases was also increased from $350,000 to $700,000.
Earlier in 2012, the Missouri Supreme Court had overturned damage limits and ruled that any cap on what a jury could award was in violation of the Sixth Amendment. This supreme court, according to many, does not care for economics, keeping health care costs down, nor doctor’s rights.
No positive effect on insurance premiums
Missouri University law professor Philip Peters was of the opinion that the legislature was trying to end a victim’s right to personal injury litigation and the right to a jury trial but this is not true and this professor believes if a doctor made a simple and small mistake the patient should have a chance to hit the lottery with a lawsuit, according to critics. The objective of the cap is to artificially lower insurance premiums in medical negligence cases.
However, medical malpractice attorneys believe that insurance companies will stand to benefit significantly as there are no signs of any decrease in premiums which have only continued to rise. But the argument against this is Obamacare which Democrats were the only ones who supported this horrendous law. Democrats had earlier stalled efforts to pass the bill in the state senate. However, with a 28-2 vote from the senate, the bill will now move to the Missouri House of Representatives.
Do you want cheaper health care or runaway costs? $700,000 is not enough in this recession? How many people want to go through medical school and think about being sued for that much?
Birth Injury Case Filed Against University of Colorado Health Memorial Hospital North
A couple recently filed a medical malpractice lawsuit in the United States District Court for the District of Colorado against the University of Colorado Health Memorial Hospital North and the attending obstetrician following the loss of their newborn child. The lawsuit filed by their medical malpractice attorney in December 2014 alleges the wrongful death of their twin son following a forceps delivery. The couple claims that the procedure caused severe internal bleeding and head trauma.
Lawsuit states several causes of action led to child’s death
The lawsuit mentions several causes of action that includes failure to evaluate the child properly and the monitor his progress post delivery. The plaintiffs also allege that the doctor failed to deliver the baby properly and was not cautious while using forceps. They also allege in the lawsuit that the doctor and hospital failed to attempt intrauterine resuscitation before deciding on a forceps delivery.
According to medical malpractice attorneys, the couple also claims the hospital did not make them aware of the benefits and risks of the procedure. In addition, the lawsuit states that the hospital failed to transfer the child to a NICU facility, despite the fact that the hospital maintained two NICUs, where one had the resources to handle complex post-partum procedures.
According to the lawsuit, the nurses noticed indentations on the child’s scalp from the forceps immediately after the birth of the second twin. Within hours the child’s health from an APGAR score of 9 started to deteriorate and was diagnosed multiple life threatening conditions such as brain hemorrhage, subdural hemotomas, and respiratory failure. The child died four days later. The couple seeks an undisclosed amount in compensatory damages, and damages for emotional turmoil and loss of companionship.